• Gift deed

Hello, My query is regarding gift deed. I am married hindu women age 33 yr. There is a land with the name of my grandfather. He is no more. My grandfather had 4 son and 1 daughter. There is no partition on land and all 4 family living separately there. Now my father wanted to gift his share of land to me. But other 3 brothers(my uncles) are not getting ready. What should I do? Is it possible to make gift deed? If yes, what are all documents will be required.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

Yes your father can make a gift deed for undivided share in your favour you need title of property that is land records to gift the share in property.

Gift deed need to be registered and stamp duty need to paid.

Also, your father can file for partion if all brothers agree they can prepare a partition deed and register it, if they donot agree a partition suit can be filed.

In case father gift you property in that case you can file a suit for partition for your share.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

Not a gift deed since the property has not been partitioned. Your brother can relinquish his share upon you by means of a relinquishment deed and thereafter you may file a suit of partition and claim your share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Since your father is entitled to a legitimate share in the property, tough it remains undivided now, he can very well execute a registered gift deed in respect of his share in the undivided property.

Afterwards you can file a partition suit and can claim your share and separate possession of the same.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1) your father can gift his one fifth undivided share in land to you

2) gift deed should be duly stamped and registered

3) your father does not need his siblings consent to gift you his share in land

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Your father can make a gift deed of his undivided share in property.

Since property is of grandfather and not partitioned you can file a suit for partition against your uncles by making them as defendants and you and.Your father as plaintiff in suit and claim 1/4th share in property. As property is of ancestral in nature.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1. there is no restraint in transfer of undivided share in favour of another person in family or to even stranger.

2. So your father after calculating his share can gift the same in your favour by way of a registered gift deed.

3.For this no special document is required.

4. in alternative of your uncles are not ready to mutually divide the property as per their respective shares , your father can file a suit for partition in court.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

1) Your father can gift has share to you, if you are only his single child means you don't have any siblings.

2) He can make a gift deed on your name no need to take others permission, just check did you have possession of the plot or land. Possession is most important and your father's share in the land which side who sit that must be known to each other.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

gift deed registration has to be done in Ranchi as property is situated in Ranchi

2)your father can execute gift deed for his share of property in your name so that you can take care of your brother

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. 1. Your father can make a deed in your favour and can make a condition in deed persuance to which you need to take care of your brother brother. No NoC is not required your father can freely make gift as it is not ancestral property it is in name of grand fathers so either self acquired or already partitioned.

2. No the gift deed shall be registered at sub-Registrar office where the property is situated. So in ranchi jurisdictional sub-Registrar office not in banglore.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to first ascertain your share through legal partition by way of Registered partition deed or judicial partition after that you can execute Registered gift deed for transfer of the said share

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

It is better to get share of your father without determining particular portion of your father the gift deed may not stand to the judiciary test. It being a landed property the area and boundaries to be mentioned in the gift deed. Let your father first file partition suit and get his share as per Court order. Get another Court document that is appointing you as legal guardian of your mentally retarded younger brother. Thereafter your father may execute a gift deed and its procedure is as follows:

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Gift Deed – once registred no cancellation

A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.

If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.

This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.

It can be a cost effective method of transferring the ownership.

3. Relinquishment Deed or Release Deed

If there are multiple owners of assets, and if one of the co-owner needs to transfer his/her rights in the property to another co-owner then this can be possibly done through the execution of RELINQUISHMENT DEED.

The property transfer through Relinquishment deed can be for consideration or without consideration i.e. without any exchange of money. Like gift deed, this transfer is also unavoidable.

4. Partition Deed or Settlement Deed

Partition Deed is executed by the co-owners of the land when a court order or order of a local revenue authority has to be implemented.

In the case of Settlement Deed, however, the property is owned by a third person and is settled for individuals who do not have any past interest in the said property and the share of the heir is as per the desires of the settler.

Unlike WILL, Settlement is a non-testamentary report which becomes operative immediately. Will is a testamentary file, which becomes operative after the expiration of its owner. Also, WILL is revocable and can be modified by the testator, whereas Settlement deed is unalterable.

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Section 17 in The Registration Act, 1908

17. Documents of which registration is compulsory.—(l) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:—

(a) instruments of gift of immovable property;

Section 126 in The Transfer of Property Act, 1882

126. When gift may be suspended or revoked.—The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be. A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice. Illustrations

(a) A gives a field to B, reserving to himself, with B’s assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A’s lifetime. A may take back the field.

(b) A gives a lakh of rupees to B, reserving to himself, with B’s assent, the right to take back at pleasure Rs. 10,000 out of the lakh. The gift holds goods as to Rs. 90,000, but is void as to Rs. 10,000, which continue to belong to A.

No Authority Can Cancel Registered Documents: SC [Read Judgment]

The Supreme Court in Satya Pal Anand vs. State of M.P, has held that once the document is registered, it is not open to any authority, under the Registration Act, 1908, to cancel the registration. In the instant case, an application was moved by a person before the Sub-Registrar (Registration) calling upon him to cancel the registration of extinguishment deed executed by the Society cancelling an allotment of plot. Aggrieved by rejection of his application, on the ground that Sub Registrar has no jurisdiction to cancel the registration of a registered document in question, he approached Inspector General (Registration), but in vain....

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

1. In case of gift deed no NOC will be required.

2. It will be good if the same is done in Ranchi as the stamp duty will be paid as per the provisions applicable in Ranchi.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Gift deed registration needs to be done In ranchi where property is situated Bangalore sub Registrar don't have jurisdiction to register property in other locations. Secondly if your brother is mentally unsound no need to take any.signature since its a gift deed your father can make it to anyone he likes.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1) You brother is unsound mind so your parents should take responsibility as a guardian and can transfer property on your name as his guardian or gift deed.

2) Better to make gift deed in Ranchi that will be more benefited in future prospects point of view.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. If your father is having a clear and marketable title to the property, he can very well transfer this property by executing a registered gift deed in your favor, which cannot be questioned by anyone at any time.

2. The execution of registered gift deed for an immovable property can be made only in the jurisdiction where the said property is situated.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Your father is free to execute a gift deed to the extent of his 1/5th share in the land but his share is undivided as yet, therefore you cannot claim to the owner of a specific portion of the property. In these circumstances he should file a suit for partition of the land through metes and bounds and once the land is partition on court orders then he can gift his specific portion of the land to you through a registered gift deed.

2. During the lifetime of your father none of his heirs have any share in his share. So NOC is not required by your father from his mentally handicapped son.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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